§ 2.2-1150.2. Use of communication towers for deployment of wirelessbroadband services in unserved areas of the Commonwealth.
A. As used in this section:
"Qualified provider" means a provider of wireless broadband service thathas obtained all governmental approvals required for the provision ofwireless broadband service in the unserved area in which it seeks to providesuch service.
"Unserved area" means any area within the Commonwealth that is demonstratednot to have access to terrestrial broadband or radio frequency Internetservice.
"Wireless broadband service" means an Internet connection service capableof transmitting information at a rate that is not less than 256 kilobits persecond in at least one direction using a wireless link between a fixedlocation and the Internet service provider's facility. It does not includewireless fidelity technology used in conjunction with dedicated subscriberline service or cable service to connect devices within a facility to theInternet via a broadband connection.
B. Notwithstanding any provision of § 2.2-1156 to the contrary, any statedepartment, agency, or institution having responsibility for a state-ownedcommunication tower in an unserved area, subject to guidelines adopted by theDepartment, shall lease or convey a license or other interest in thecommunication tower to a qualified provider in order to permit the use of thecommunication tower by the qualified provider in its deployment of wirelessbroadband service within the unserved area or portion thereof. Thisrequirement is subject to the qualified provider presenting to the Department:
1. A spectrum and certified structural analysis of the tower thatdemonstrates that:
a. The new service will not interfere with current equipment;
b. No structural element is beyond 85 percent capacity based on current andpreviously documented future loads; and
c. The tower meets the industry standards set forth by ANSI/TIA/EIA 222-F; and
2. Proof that the tower satisfies all applicable local governmentrequirements.
C. The Department shall adopt guidelines for (i) determining whether aprovider of wireless broadband service is qualified to provide such serviceand (ii) requesting a state department, agency, or institution to enter intoa lease or other conveyance of an interest in a communication tower or sitepursuant to this section.
D. The lease or other conveyance shall be for such consideration as theDirector of the Department deems appropriate, which consideration shall becommensurate with the consideration paid for use of comparable space onsimilar towers. The lease or other conveyance may include shared use of thefacilities by other political subdivisions or persons providing the same orsimilar services, and by departments, agencies, or institutions of theCommonwealth.
E. The provisions of § 2.2-1156 as they apply to lease agreements orconveyances of any interest shall not apply to any transaction undertakenpursuant to this section.
F. No transaction authorized by this section shall be made without the priorapproval of the Director of the Department and the approval of the AttorneyGeneral as to the form of any conveyancing instrument prior to execution.
§ 2.2-1150.2. Use of communication towers for deployment of wirelessbroadband services in unserved areas of the Commonwealth.
A. As used in this section:
"Qualified provider" means a provider of wireless broadband service thathas obtained all governmental approvals required for the provision ofwireless broadband service in the unserved area in which it seeks to providesuch service.
"Unserved area" means any area within the Commonwealth that is demonstratednot to have access to terrestrial broadband or radio frequency Internetservice.
"Wireless broadband service" means an Internet connection service capableof transmitting information at a rate that is not less than 256 kilobits persecond in at least one direction using a wireless link between a fixedlocation and the Internet service provider's facility. It does not includewireless fidelity technology used in conjunction with dedicated subscriberline service or cable service to connect devices within a facility to theInternet via a broadband connection.
B. Notwithstanding any provision of § 2.2-1156 to the contrary, any statedepartment, agency, or institution having responsibility for a state-ownedcommunication tower in an unserved area, subject to guidelines adopted by theDepartment, shall lease or convey a license or other interest in thecommunication tower to a qualified provider in order to permit the use of thecommunication tower by the qualified provider in its deployment of wirelessbroadband service within the unserved area or portion thereof. Thisrequirement is subject to the qualified provider presenting to the Department:
1. A spectrum and certified structural analysis of the tower thatdemonstrates that:
a. The new service will not interfere with current equipment;
b. No structural element is beyond 85 percent capacity based on current andpreviously documented future loads; and
c. The tower meets the industry standards set forth by ANSI/TIA/EIA 222-F; and
2. Proof that the tower satisfies all applicable local governmentrequirements.
C. The Department shall adopt guidelines for (i) determining whether aprovider of wireless broadband service is qualified to provide such serviceand (ii) requesting a state department, agency, or institution to enter intoa lease or other conveyance of an interest in a communication tower or sitepursuant to this section.
D. The lease or other conveyance shall be for such consideration as theDirector of the Department deems appropriate, which consideration shall becommensurate with the consideration paid for use of comparable space onsimilar towers. The lease or other conveyance may include shared use of thefacilities by other political subdivisions or persons providing the same orsimilar services, and by departments, agencies, or institutions of theCommonwealth.
E. The provisions of § 2.2-1156 as they apply to lease agreements orconveyances of any interest shall not apply to any transaction undertakenpursuant to this section.
F. No transaction authorized by this section shall be made without the priorapproval of the Director of the Department and the approval of the AttorneyGeneral as to the form of any conveyancing instrument prior to execution.
§ 2.2-1150.2. Use of communication towers for deployment of wirelessbroadband services in unserved areas of the Commonwealth.
A. As used in this section:
"Qualified provider" means a provider of wireless broadband service thathas obtained all governmental approvals required for the provision ofwireless broadband service in the unserved area in which it seeks to providesuch service.
"Unserved area" means any area within the Commonwealth that is demonstratednot to have access to terrestrial broadband or radio frequency Internetservice.
"Wireless broadband service" means an Internet connection service capableof transmitting information at a rate that is not less than 256 kilobits persecond in at least one direction using a wireless link between a fixedlocation and the Internet service provider's facility. It does not includewireless fidelity technology used in conjunction with dedicated subscriberline service or cable service to connect devices within a facility to theInternet via a broadband connection.
B. Notwithstanding any provision of § 2.2-1156 to the contrary, any statedepartment, agency, or institution having responsibility for a state-ownedcommunication tower in an unserved area, subject to guidelines adopted by theDepartment, shall lease or convey a license or other interest in thecommunication tower to a qualified provider in order to permit the use of thecommunication tower by the qualified provider in its deployment of wirelessbroadband service within the unserved area or portion thereof. Thisrequirement is subject to the qualified provider presenting to the Department:
1. A spectrum and certified structural analysis of the tower thatdemonstrates that:
a. The new service will not interfere with current equipment;
b. No structural element is beyond 85 percent capacity based on current andpreviously documented future loads; and
c. The tower meets the industry standards set forth by ANSI/TIA/EIA 222-F; and
2. Proof that the tower satisfies all applicable local governmentrequirements.
C. The Department shall adopt guidelines for (i) determining whether aprovider of wireless broadband service is qualified to provide such serviceand (ii) requesting a state department, agency, or institution to enter intoa lease or other conveyance of an interest in a communication tower or sitepursuant to this section.
D. The lease or other conveyance shall be for such consideration as theDirector of the Department deems appropriate, which consideration shall becommensurate with the consideration paid for use of comparable space onsimilar towers. The lease or other conveyance may include shared use of thefacilities by other political subdivisions or persons providing the same orsimilar services, and by departments, agencies, or institutions of theCommonwealth.
E. The provisions of § 2.2-1156 as they apply to lease agreements orconveyances of any interest shall not apply to any transaction undertakenpursuant to this section.
F. No transaction authorized by this section shall be made without the priorapproval of the Director of the Department and the approval of the AttorneyGeneral as to the form of any conveyancing instrument prior to execution.
